Gordon Wang Photography

1926 31st Ave. W.

Seattle, WA 98199

January 11, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 

14 CFR 91.7(a); 14

CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 

CFR 91.151(a); 14 CFR

91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and 

(2); 14 CFR

91.417(a) and (b)

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Gordon H. Wang , operator of small Unmanned Aerial Systems (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations to allow 

commercial operation of a small

UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as established by the FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras 

and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate,

 Architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use for television, 

 public and /or private use including television, public events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue

 operations in cases of an emergency or natural disaster only when the local authorities 

or government has requested it by contract or donation.

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5. Aerial video/photography for agriculture activities.

 

As described fully below, the requested exemption would permit the operation of small 

UAS under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.”

The name, phone, email and address of the applicant:

Name: Gordon H. Wang

Phone: 206 650-5111

Email: gordon@gordonwang.com

Address: 1926 31st Ave. W. Seattle, WA 98199

USA Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 

CFR 45.23 (b) 14

CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 

CFR 91.119(c) 14 CFR

91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 

(a) (1) 14 CFR 91.409

(a) (2) 14 CFR 91.417 (a) & (b)

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. 

including payload.

Under normal conditions they operate at speeds of no more than 100 Mph or 87 Knots 

and have the ability to hover and move along a vertical and horizontal plane 

simultaneously. They will operate in line of sight only and by the exempted person only 

obeying all other local and federal laws.

Given the small size of the small UAS and the controlled environment provided the 

proposed operations will adhere to the Reform Act’s safety requirements. The approval 

of this application presents no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly the applicant requests that the 

FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft. These limitations and conditions to which the applicant agrees to 

 

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adhere to when conducting commercial operations under the FAA issued exemption as 

set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC), the

Visual Observer (VO) when needed and may include but not limited to a Camera 

Operator.

6. A briefing will be performed regarding the planned small UAS operations prior to 

each day’s flight consisting of all the days’ production activities.

8. The PIC will obtain verbal/written consent of all persons involved with the planned

 operation and ensure that only consenting persons will be allowed within 100 feet of 

the flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as required under the FOM. With the advanced permission 

or direction of the FSDO, operations at closer range may be approved.

9. The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show 

upon request their competent ability to operate the small UAS and/or Camera.

10. The PIC and VO will be able to communicate by verbally at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies when needed.

12. If the small UAS loses communications or loses GPS signal, the small UAS will have 

the capability to return to a pre-determined location within a designated location and land

autonomously.

13. The small UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular small UAS. In all cases, an 

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analysis of these criteria demonstrates that the small UAS operated without an 
airworthiness certificate, in the restricted environment and under the conditions proposed 

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions 

proposed.

The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and 

under the requirements and in compliance with local public safety requirements. These 

safety enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates

Issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the small UAS, 

due to its size, speed of

Robert Adams Section 333 Exemption Petition Page 4 operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load.

14 C.F.R. § 45.23 (b) Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that 

aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be 

needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word “Experimental” can be placed. Given the size of the small UAS, two-inch 

lettering will be impossible. The word

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). The 

equivalent level of safety will be provided by having the small UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

small UAS will see the identification of the small UAS as

“Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation 

or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am 

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seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not 

ensure remote control piloting skills. The risks attendant to the operation of small UAS is 
far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I 

feel the operation and limitations set forth in the FOM will equate to the safe operation of 

the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft for maintenance and use of safety checklists 

prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there 

is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The 

small UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. The equivalent level of safety will 

be maintained by keeping the flight manual at the ground control point where the pilot 

flying the small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The OPERATOR will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

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dual controls. Small UAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 
aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to

400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the 

small UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the small UAS is used to survey or photograph a structure whose 

height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above 

the highest point on the structure. It will however be operated in a restricted area with

security perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent. The equivalent level of safety will be achieved given the size, 

weight, speed of the small UAS as well as the location where it is operated. No flight will 

be taken without the permission of the property owner or local officials. Because of the 

advance notice to the property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations.

Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude operations of the small UAS 

will ensure separation between these small- UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the small UAS may not have 

a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown 

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on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under 
VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed – (1) During the day, to fly after that for at least

30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering 

the small UAS provides approximately 30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14

CFR §91.151, small UAS flights would be limited to approximately 10 minutes in length. 

Given the limitations on the small UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions.

Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) 

was intended to alleviate given the size and speed of the small UAS. Additionally, 

limiting small UAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. Applicant believes that an equivalent level of safety can be

achieved by limiting flights to 30 minutes or 25% of battery power— whichever happens 

first. This restriction would be more than adequate to return the small UAS to its planned 

landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following: (1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Robert Adams Section 333 Exemption Petition Page 7

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the small UAS will have immediate access to them; to 

the extent they are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. Given that these section and

Part 43 apply only to aircraft with an airworthiness certificate; these sections will not 

apply to the applicant. Any maintenance will be pursuant to the manufacture’s flight 

manual and operating handbook will accomplish the maintenance. An equivalent level of 

safety will be achieved because these small UASs are very limited in size and will carry a 
small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise the small UAS can land immediately and will be operating from 

no higher than 400 feet AGL. The operator will ensure that the small UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the small UAS Manufacturer's Manual, as referenced in 

the Aircraft Operations Manual

(AOM). As provided in the FOM, the operator will ensure that the small UAS is in 

working order prior to initiating flight and perform required maintenance needed.

Small UAS Information

Small UAS’s to be used are as follows but not limited to providing they are within the 

FAA scope of the exemption:

Yuneec Q5004k

a. Weight (Battery & Propellers Included) –60 oz. / 3.75 lbs.

b. Max flying altitude 400 ft.

c. 3 flight modes Smart, Angle and Home

d. Max Descent Speed –2 m/s

e. Max Flight Speed –55 ft./s

f. Battery Lithium polymer, 5400 mAh, 11.1 Vdc

g. Radio Control Frequency Controller 2.4 GHz

https://www.yuneec.com/Typhoon-Specifications-Typhoon-4K

Sincerely,

Gordon Wang, Owner

Gordon Wang Photography

1926 31st Ave. W.

Seattle, WA 98199

Additional Comment / Opinion

Operator Requirements:

Operator should not be required to hold a private pilot license. Gordon Wang believes 

that 1) the operator, instead of understanding how to operate a passenger carrying 

aircraft, should have knowledge and experience that enables the safe operation of a small, 

remotely piloted sUAV should understand airspace restrictions and know how to ensure 

separation from other aircraft as well as non-participants and property; 2) the sUAV has 
built-in technical capabilities that limit the potential for unsafe operation and 3) there are 

other security screening mechanisms already in existence that Gordon Wang will utilize 

to ensure the operators are acting consistently with national security interests. Given the 

sUAV safety features outlined below, Gordon Wang proposes that its operations under 

this Exemption request should not be required to hold a commercial or private pilot 

certification, but instead show proficient skills and knowledge to operate sUAV’s 

skillfully and safely. 

1) the FAA has found that safety factors permitted operation of sUAV’s by 

Operators with these qualifications in the case of operations pursuant to public 

COAs when the mandatory operating conditions specified above were present; 

and 2) that the Notice of Proposed Rulemaking entitled Operation and 

Certification of Small Unmanned Aircraft Systems, 80 F.R. 9544 (February 23, 

2015) (“NPRM”), does not require the operator to hold a private pilot license or a 

third class medical. Advanced sUAV’s has a navigation and control system and 

auto-pilot that allows it to execute very accurate pre-programed flights. Flights are 

pre-programmed with GPS waypoint to establish perimeters beyond which the 

aircraft will not operate. Flights under auto-pilot are not directed by positive 

manual input, but through preprogrammed flight parameters that are executed by 

the auto-pilot. In the case of unplanned events, the Operator inputs 

preprogrammed evasive maneuvers from the control unit, and the autopilot 

executes those maneuvers. Pre-programmed Operator interventions include: 

initiation of holding at present position; suspension of mission; fly back to launch 

point; abort mission and land immediately; and emergency power cut off and land 

(flight termination system). 1) Auto-pilot detection of lost GPS or of insufficient 

satellites initiates an immediate landing, 2) Low power on the aircraft triggers 

escalating alarms at GCS at 35% and 10% levels. Low power below 10% triggers 

an immediate landing, 3) If the auto-pilot detects a lost-link to the ground 

controller, the UAS will hold position at its current location for 5 seconds and if 

the signal is not restored, execute a return to home and land, 4) Redundant “kill 

switches” that enable completely shutting the aircraft down in flight in the event 

of a loss of control or un-commanded deviation from the flight path, 5) The 

aircraft, weighs less than 55 lbs., fully loaded, 6) The motors are driven by pulse 

width modulated signals, not analog signals, 7) The aircraft will operate for the 

Purposes at no more than 30 mph (while imaging) nor above 200 feet above the 

structure (imaging altitude) or a maximum of 400 feet AGL.